Woman whose dad died of "probable" coronavirus in care home sues the Government

Dr Cathy Gardner, from Sidmouth, has won the first stage of her legal challenge.

A Devon woman has won the first stage of a legal challenge over measures taken to protect care home residents from Covid-19.

Dr Cathy Gardner, who is from Sidmouth, claims there was a failure to implement “adequate” measures to protect residents from the “ravages” of coronavirus.

Her father died of "probable Covid-19", according to documents submitted to the High Court.

She is pursuing a High Court claim against the Government and two health bodies over decisions taken in relation to care homes during the pandemic.

Dr Gardner, whose father died in an Oxfordshire care home in April, argues certain key policies and decisions led to a “shocking death toll” of care home residents - which she puts at more than 20,000 people between March and June.

Dr Gardener

She is bringing her case with another individual, Fay Harris, and the pair claim the alleged measures breached human rights and equality laws.

At a remote hearing on Thursday, 19 November, Mr Justice Linden granted Dr Gardner permission for a full hearing of her challenge.

He said she should be given permission to pursue her case on all grounds saying it “crossed the threshold of arguability”.

The Government and health bodies oppose Dr Gardner’s challenge and asked the judge to dismiss the case.

I consider it in the interests of justice for the claim to be heard.

Judge in High Court

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